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PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

  • 1.  PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-13-2015 02:59 PM
    This message has been cross posted to the following Discussions: Business Law and Family Law .
    -------------------------------------------

    As time is running out, perhaps a bare bones personal injury complaint could be filed - and later amended.

    Injuries are NOT permanent but based on years of harassment and vandalism and burglary ( to be proved.)   Additional incidents of choking, pinning individual against walls at different times, chasing "plaintiff"in her car  with vehicle at excessive rate of speed, making attempts to strike plaintiff, spitting profusely at plaintiff, twisting clothes around plaintiff's neck. 

    Also to be proven: phone tapping, cutting plaintiff's clothes, removing essentially all of personal family items, hanging rope outside bathroom window from a tree shortly after an outburst, busting knobs on console inside vehicle and placing them on the console- after asking plaintiff several times.. where her car was barked, kick dents in car on both sides, bullet holes in window that police allege could be from landscaper, removing pins from medeco locks,changing beneficiary status on documents to similar name, removing series EE savings bonds from safe deposit box,  etc., etc., .  ( Many of these events took place because or "abuse" of power and self-dealing of defendant.

    Years of abuse has caused nightmares, inability to work and/or function in normal capacity, loss of earnings and loss of enjoyment of life w/ friends and family.

     Substantial damage to home and substantial values removed including jewelry, silverware,etc., etc., .

     I understand that this is a very difficult undertaking at this late date.

    Would be best if an attorney who was interested and courageous enough to undertake this task lived in Passaic County or Bergen Counties, N.J.,

    Thank you.

    ------------------------------
    Catherine Maggio Esq.
    Tenafly NJ
    (201)816-1187

    [email protected]
    ------------------------------



  • 2.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-13-2015 03:17 PM
    Catherine:

    I strongly recommend that you contact Edward Capozzi or James Kimball at
    Siegel Capozzi in Ridgewood. They are great, fearless trial lawyers. Use my
    name.

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]


    Visit my personal website: www.mydivorcelawyernj.com
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    Member, Middlesex County Bar Association, Monmouth Bar Association, New
    Jersey Association for Justice and New Jersey State Bar Association





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  • 3.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-13-2015 06:01 PM
    Thank you so much. I was embarressed to even post something so horrific and implausable and it gets woarse.
    Had to do w/ big estate and son of deceased father wanting everything and to make daughter look crazy and drive her crazy so no one would know the underhanded ( and criminal ) acts.

    I appreciate your referral and will give your name.

    Thank you-
    Catherine




  • 4.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-13-2015 08:40 PM

    Catherine: The issue is damages. Sounds like a compensatory as well as a punitive Tevis claim. Are there assets against which to collect or is there a well heeled defendant? If the answer is affirmative, file or amend the complaint. Bill Bowkley


    ------------------------------
    C. William Bowkley Esq.
    Randolph NJ
    (973)361-1500
    ------------------------------




  • 5.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-15-2015 02:46 PM
    Bill-
    I thought Tevis was for matrimonial?
    I appreciate your reply
    Thank you
    Catherine




  • 6.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-16-2015 04:13 PM
    Without pulling the Tevis case, my recollection is that it holds that the statute of limitations for an assault can be tolled if the plaintiff was too psychologically paralyzed by the abuse to pursue a cause of action earlier - an extension of the "discovery rule" (statute of limitations begins to run when a reasonable plaintiff would be aware of the injury).  While it was written in the context of a divorce, I don't believe it's holding is limited.  That said, if you can file within two years of the assault, it's a good idea to do so.  That way, you don't bear the burden of showing that the statute of limitations shouldn't be applied, which generally requires an expert doing testing and opining that the plaintiff was too psychologically paralyzed to assert his right to seek damages earlier.

    The phrase "a Tevis claim" is (improperly, if you think about it) often used interchangeably with "domestic torts."  If an assault (or disease transmission, etc) occurs within two years of the complaint filing, it doesn't implicate Tevis - that's just a regular domestic tort, not a "Tevis claim."  The right to sue for that goes back at least as far as Brennan v. Orbin.  It's only a Tevis claim when an extension of the statute of limitations is involved, and (again, without pulling the case) I don't think it's limited to the Family context.

    ------------------------------
    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
    http://www.FamilyLawNJ.pro
    ------------------------------



  • 7.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-16-2015 04:17 PM
    Related question that just occurred to me: Are torts inflicted during an abusive relationship "a continuing tort" so that incidents otherwise outside the statute of limitations could be brought in without the need to demonstrate a plaintiff was psychologically paralyzed from proceeding earlier?  I'd research that angle, too, whether you're in the Family Part or not....

    ------------------------------
    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
    http://www.FamilyLawNJ.pro
    ------------------------------



  • 8.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-16-2015 04:53 PM
    You may wish to review Giovine v. Giovine.




  • 9.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-18-2015 07:19 AM
    Thank you. Catherine




  • 10.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-18-2015 10:00 AM

    I don't know if the situation is ongoing, but if it is -- getting a security camera is very cheap these days.  Catch this joker just once committing an act of vandalism, and it's a whole new ball game in court as far as proving her case:

    http://www.homedepot.com/b/Electrical-Home-Security-Video-Surveillance-Surveillance-Equipment-Surveillance-Cameras/N-5yc1vZc20v

    ------------------------------
    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
    http://www.FamilyLawNJ.pro
    ------------------------------



  • 11.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-18-2015 02:17 PM
    David,
    Yes, long term ongoing abusive relationship- emotional, physical abuse. I will follow up.
    Thank you.




  • 12.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-18-2015 02:26 PM
    The woman must be diagnosed with "Battered Women's Syndrome" by a mental health professional for any incidents beyond the two year statute of limitations.

    Frank E. Tournour, Esq. P.C.
    1 South Woodland Avenue
    East Brunswick, NJ 08816
    phone: 732-418-9772
    fax: 732-418-9773
    www.newjerseydivorceattorney.com




  • 13.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-18-2015 02:33 PM
    Frank is correct. The diagnosis which includes her inability to take action to free herself,tolls the statute. Read Cusseaux v Pickett and Giovine. You need an expert on BWS and damages. If you call my office tomorrow I can give you some names
    Sent from my iPhone




  • 14.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-19-2015 01:50 PM
    Can anyone recommend an attorney to represent someone whose ID was used to
    make purchases in PA? A NJ attorney. Client lives in Hunterdon County.

    You may reply to [email protected].

    Thank you in advance.

    Nadine

    908-237-9711








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  • 15.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-19-2015 01:55 PM
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    Can anyone recommend an attorney to represent someone whose ID was used to
    make purchases in PA? A NJ attorney. Client lives in Hunterdon County.

    You may reply to [email protected].

    Thank you in advance.

    Nadine

    908-237-9711








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  • 16.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-17-2015 09:31 AM

    Cathy:  I was involved in a case in my private practice days in which the firm sought to add a "Tevis" claim to the divorce proceedings because the wife had contracted herpes from the husband early in their relationship.  I argued that the cause of action occurred when the husband filed for divorce -- That had they stayed married, then it would be of little moment because they remain be physical with each other, but now that they are divorcing, the wife's sexual partners are limited.  The judge didn't buy it and found that we were beyond the statute of limitations.  Soon after the divorce, I read of a case from south Jersey with similar facts in which the judge permitted the claim.  So, it may come down, as many cases do, to the judge.


    ------------------------------
    Mitch Steinhart, Esq.
    Bergen County Board of Social Services
    Rochelle Park, NJ
    ------------------------------




  • 17.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-18-2015 07:12 AM
    Mitch,
    Thank you very much... The PI occurred on Valentine's Day, now over 2 years but there is ongoing unaccountable relentless vandalism which can only be attributed to the same person.
    Cathy




  • 18.  RE: PI attorney to file bare bones complaint in Passaic County, N.J. on Tuesday, February 17, 2015

    Posted 02-19-2015 06:54 PM
    If the tort is ongoing, the statute of limitations may not have run.

    ------------------------------
    Gary L. Borger, Esquire
    BorgerMatez
    1415 Marlton Pike (Route 70) East
    Suite 305
    Cherry Hill, NJ 08034-2210
    (856) 424-3444
    ------------------------------